ML20247M326

Renewed Motion of Commonwealth of Ma Atty General for Schedule for Filing of Contentions Arising Out of Sept 1989 Onsite Exercise.* Filing Deadline Requested to Establish Good Cause for Failure to File on Time.W/Certificate of Svc

ML20247M326
Person / Time
Site:	Seabrook
Issue date:	09/18/1989
From:	Traficonte J MASSACHUSETTS, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#389-9195 CLI-89-19, OL, NUDOCS 8909250191
Download: ML20247M326 (8)

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UCCKETED M#tC UNITED STATES OF AMERICA.

' NUCLEAR REGULATORY COMMISSION ATOMIC' SAFETY AND LICENSING BOARD SEP 20 P3:08 Before the Administrative' Judges:

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Ivan W.-Smith,. Chairman " .

Dr. Richard F. Cole Kenneth A..McCollom-

)

-In the Matter of ). Docket Nos. 50-443-OL

) 50-444-OL PUBLIC SERVICE COMPANY ) (Off-Site EP)

OF'NEW HAMPSHIRE, EI Alt. )

)

(Seabrook Station, Units 1 and 2) ) September 18, 1989'

)

RENEWED MOTION OF THE MASSACHUSETTS ATTORNEY GENERAL FOR A SCHEDULE FOR THE FILING OF CONTENTIONS

_ ARISING OUT OF THE SEPTEMBER, 1989 ONSITE EXERCISE The Massachusetts Attorney. General (" Mass AG") hereby renews his request for a filing deadline-for contentions arising out of the September 27, 1989 onsite exercise (" September exercise").

In support of this renewed request the Mass AG states:

1. The Commission has indicated.in CLI-89-19 (dated  !

September 15, 1989) that the September exercise is litigable by i

Interveners assuming.that the exercise provides a basis for alleging a fundamental flaw in the onsite plan. CLI-89-19, slip opinion at 4 and n. 5. Because any contentions filed will be subject to the late _-filed contention standard, iL , the Mass AG seeks a filing deadline so that he can establish " good l

1/ The Mass AG is presently seeking review of ALAB-918 (which became final agency action on August 18, 1989) as part of his appeal of the NRC's low-power decision pending before the Court of Appeals for the District of Columbia. g 8909250191 890918 7

MD PDR- ADOCK 05000443 J L_ ?::_-___ _L _ ______ _ -___-______ - _ _ - -_-______ _ _______________ ____,_ _ ______ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ .

L TL cause" for.his: failure to file on time. (As CLI-89-19 indicates "on time"'in the'Seabrook proceeding now means filed in the-4 spring of 1982.) Egg Mass AG's May' 31,.1989 Motion to Hold Open.the Record at 9-10.

2. The Commission has ordered the Staff to issue its exercise " report" no later than October ~16, 1989 (" October Report"). The Mass AG seeks 45 daysA # from the'date of his-receipt of-that report as the deadline for the filing of all contentions.fnr which that report sucolies both necessary and'-

'alone er iD combination with other information sufficient information.tn prepare a contention, assuming that such necessary and sufficient information was not fully available beforehand.

3. The Mass AG also seeks (as a part of this filing schedule) 45 days from the date of his receipt of any other information (not available either before or in the Staff October Report) which'is necessary and alone at in combination with other information sufficient for the preparation of an onsite exercise contention, as the deadline for the filing of such contention. In this regard, the Mass AG states that he is today seeking agreement from the Applicants to permit 2/ This Board's August 19, 1988 Order setting a deadline for filing offsite exercise contentions was used as a model here.

First, as the Applicants argued at that time, an expedited schedule was appropriate and was issued by this Board. Second, a FEMA, draft exercise report was made available to Interveners on or about August 2, 1988 and the final FEMA report was issued on or about Eeptember 2, 1988. In light of these facts, this Board set September 21, 1988 as the filing deadline. In addition, the Mass AG has factored in the additional time necessary to prepare a summary of expert testimony as required by the late-filed contention standards, which standards were not applied in September, 1988.

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b. ,.

Intervenor-observers at all relevant' locations during the.-

September exercise. See attached letter._ In addition,.the

-Mass AG is seeking full access to all onsite exercise-related' documents immediately after theLexercise.E# For' example, the

-scenario documents for.an_onsite exercise like the September I

exercise are not normally. produced as part of the Staff's onsite exercise report. Absent production of such documents by

_the Applicants after the exercise or by the Staff as part of-its exercise report, the Mass AG and Interveners will not obtain such documentation until_the NRC responds to its FOIA

+

requests (including those now pending). Certain contentions --

-scope contentions:being the obvious example -- cannot be formulated in the absence of such scenario documents. Thus, the Mass AG seeks 45 days from the date of his receipt of other information not provided in the Staff's report for the filing of contentions based on that other information.A#

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4. The Mass AG requests that this Motion be handled in an expedited fashion with Applicants' and-Staff ' responses filed on '

September 22, 1989. This is necessary because in the event observational status is permitted during the September 27 1/ The Mass AG has sought and will continue to seek all-such documents from the NRC Staff through FOIA requests.

a/ The Mass AG does not hazard a guesr as to the Applicants' and Staff's response to " informal" discovery on the onsite exercise. The point here is simply to have the Board set a filing deadline triggered by Intervenor receipt of information ,

whenever that occurs (sooner if Interveners' have observational i access and are provided documents in a timely manner or later  !

if the Mass AG has to obtain these documents by means of his l FOIA requests).  ;

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exercise and/or documents are provided afterward, and the information gleaned therefrom is necessary and sufficient to permit the filing of an onsite exercise contention, the Interveners will soon need the Board's guidance as to the timeliness standards it intends to apply to September onsite exercise contentions.

Respectfully submitted, COMMONWEALTH OF MASSACHUSETTS JAMES M. SHANNON ATTORNEY GENERAL

, y h'n Trtficonie hief, Nuclear Safety Unit Department of the Attorney General One Ashburton Place Boston, MA 02108-1698 (617) 727-2200 DATED: September 18, 1989 l

L____- _ -.

_. h THE COMMONWEALTH OF MASSACHUSETTS

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3 DEPARTMENT OF THE ATTORNEY GENERAL JOHN W. McCORMACK STATE OFFICE BUILDING oNE ASHBURTON PLACE. BOSTON 02108-1698 J AMES M. SHANNON ATTORNEY GENERAL September 18, 1989 BY FAX Thomas Dignan, Esq.

Ropes & Gray One International Place Boston, MA 02110 RE: Observational S t ;Ltus_ RuIlmg_Se o t embe r Exe r c i s e

Dear Tom:

On behalf of the Mass.AG and other Interveners, I would like to request observational status for Intervenor observers at all relevant facilities at which Applicant petsonnel's performance will be evaluated by the NRC Staff, including the Technical Support Center (TSC), the Operational Support Center (OSC), the Emergency Operations Facility (EOF),

and the Media Center. Obviously, I am prepared to discuss any reasonable constraints and conditions on such access at your earliest convenience.

In addition, I would like the Applicants to provide me, at the earliest possible time after the conclusion of the onsite exercise, all relevant documents generated before and during the exercise, including the scenario, the exercise objectives and all other material of a kind similar to that pertaining to the June, 1988 onsite exercise which was included in the 7-volume scenario document you made available to us at Seabrook Station sometime after the June, 1988 exercise. In addition, I request access to player-and-controller-generated materials as well.

Thank you for your cooperation.

Beet,

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.ohn Traficonte Chief, Nuclear Safety Unit Public Protection Bureau (617) 727-2200 JT/tm cc: Service List

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. UNITED STATES'OF AMERICA NUCLEAR REGULATORY COMMISSION

'89 :SEP 20 P3 :08-ATOMIC' SAFETY AND' LICENSING BOARD' Orrr- -

Before the' Administrative-Judges: 00CilUitt.; s -

$'/

ED ni-Ivan W. Smith, Chairman Dr. Richard F. Cole Kenneth A. McCollom

)

In:the Matter of ) Docket Nos. 50-443-OL

. ) 50-444-OL l: PUBLIC SERVICE ~ COMPANY ) (Off-Site EP)

OF NEW HAMPSHIRE, EI AL. )

)

(Seabrook' Station, Units 1 and 2) ) September 18, 1989

)

CERTIFICATE OF SERVICE

'.I,-John Traficonte, hereby certify that on September 18, 1989,'I made. service of the within-RENEWED MOTION OF THE MASSACHUSETTS ATTORNEY; GENERAL FOR A SCHEDULE FOR THE FILING OF CONTENTIONS' ARISING OUT 0F THE SEPTEMBER, 1989 ONSITE EXERCISE'by telefax (followed-up by

'first class mail) as indicated by (*) and by.first classLmail to.:

• Ivan W. Smith, Chairman *Kenneth A. McCollom Atomic Safety & Licensing Board 1107 W. Knapp St.

U.S. Nuclear Regulatory Stillwater, OK 74075 Commission East West Towers Building Docketing and Service p 4350 East West Highway U.S. Nuclear Regulatory L Bethesda, MD 20814 Commission Washington, DC 20555

• Dr. Richard F. Cole L ' Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission

' East' West Towers Building 4350 East West Highway Bethesda, MD 20814 l

l

Y-

'* Robert R. Pierce,)Esq.

• Thomas G. Dignan, Jr., Esq.

L Atomic Safety & Licensing Board Katherine Sellecki Esq.

L U.S. Nuclear Regulatory Commission Ropes & Gray'

~ East" West Towers Building- One International Place-

.4350 EastEWest Highway Boston, MA 02110

-Bethesda, MD 20814 H. Joseph Flynn, Esq. *Sherwin E. Turk, Esq..

-Assistant General Counsel' U.S. Nuclear Regulatory Office of General Counsel. .

Commission g Federal Emergency Management Office of the General Counsel Agency 15th Floor 500 C Street,.S.W. 11555 Rockville Pike Washington, DC 20472 Rockville, MD 20852 Atomic Safety & Licensing Robert A. Backus, Esq.

Appeal Board Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516' Washington, DC -20555 Manchester, NH 03106 l- ' Atomic Safety & Licensing Board Jane Doughty i l U.S. Nuclear Regulatory Commission Seacoast Anti-Pollution League Washington, DC 20555 5 Market Street Portsmouth, NH 03801 L

Charles P. Graham, Esq. Barbara St. Andre, Esq.

Murphy & Graham Kopelman & Paige, P.C.

33 Low Street 77 Franklin Street Newburyport,- MA 01950 Boston, MA 02110 Judith H. Mizner, Esq. R. Scott Hill-Whilton, Esq.

79 State Street Lagoulis, Hill-Whilton

-2nd Floor & Rotondi-Newburyport, MA 01950 79 State Street Newburyport, MA 01950 Dianne Curran, Esq. Ashod N. Amirian, Esq.

l Harmon, Curran, & Towsley 145 South Main Street Suite 430 P.O. Bcx 38 2001 S Street, N.W. Bradford, MA 01835 Washington, DC 20008 Senator Gordon J. Humphrey Senator Gordon J. Humphrey U.S. Senate One Eagle Square, Suite 507 Washington, DC 20510 Concord, NH 03301 (Attn: Tom Burack) (Attn: Herb Boynton) l u_____________ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ .__ _ . _ _ _ _ _ _ _ _ _ _ . _ _ _ _ . _ _ . _ _ _ _ _ . . _ _ _ _ _ _ _

s*

John P. Arnold, Attorney General Phillip Ahrens, Esq.

Office of the Attorney General Assistant Attorney General 25 Capitol Street Department of the Attornef Concord, NH 03301 General Aug'asta, ME 04333 William S. Lord Board of Selectmen Town Hall - Friend Street Amesbury, MA 01913 i

COMMONWEALTH OF MASSACHUSETTS ]

l JAMES M. SHANNON i ATTORNEY GENERAL l

f - w /in

/ ~hn Trafidonte hief, Nuclear Safety Unit Departmer,t of the Attorney General

,/' One Ashburton Place Boston, MA 02108-1698 (617) 727-2200 DATED: September 18, 1989 l

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